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HomeMy WebLinkAbout9/10/2024 - RegularPage 1 of 4 PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Roanoke County Board of Supervisors September 10, 2024 Page 2 of 4 Good afternoon and welcome to our meeting for September 10, 2024. Regular meetings are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Sunday from 10:00 a.m. until 5 p.m. Board of Supervisors meetings can also be viewed online through Roanoke County’s website at www.RoanokeCountyVA.gov. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. Please turn all cell phones off or place them on silent. A. OPENING CEREMONIES 1. Roll Call B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. FIRST READINGS OF ORDINANCES 1. Ordinance 1) accepting funds in the amount of $647,774 from the Virginia Department of Rail and Public Transportation (DRPT) and appropriating such funds to the County’s grant fund for operation of the CORTRAN program, and 2) reallocating $26,991 from the CORTRAN Budget in the operating fund to the grant fund for the required match for operation of the CORTRAN program. (Paula Benke, Transit Planner) (First Reading and Request for Second Reading) D. APPOINTMENTS 1. Parks, Recreation and Tourism Advisory Committee (Board Appointment) Heather Davis – Vinton District - Term Expires: September 10, 2027 Roanoke County Board of Supervisors Agenda September 10, 2024 Page 3 of 4 E. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Approval of minutes – August 20, 2024 2. Request to accept and allocate Selective Enforcement Grant Funds in the amount of $154,700 from the Division of Motor Vehicles for the purpose of Selective Enforcement. 3. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (Second Reading) 4. Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000). (Second Reading) 5. Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority. (Second Reading) 6. Ordinance accepting Transportation Alternatives Program funds in the amount of $248,022 from the Roanoke Valley Transportation Planning Organization, reallocating $62,005 from the Peters Creek/Williamson Road Corridor Study Capital Improvement Program (CIP) Project and appropriating all funds to the Grant Fund for construction of the Glade Creek Greenway through Vinyard Park West in the Vinton Magisterial District and in the Town of Vinton. (First Reading and request for Second Reading) F. CITIZENS' COMMENTS AND COMMUNICATIONS G. REPORTS 1. Unappropriated Balance, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2024 H. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Tammy E. Shepherd 2. Martha B. Hooker Page 4 of 4 3. Paul M. Mahoney 4. David Radford 5. Phil C. North I. WORK SESSION / JOINT SESSION WITH SCHOOL BOARD 1. Demographic Study, Lance Richards; MGT Consulting 2. Legislative Priorities, Peter S. Lubeck, County Attorney 3. Topic for next joint meeting: CSA J. CLOSED MEETING, pursuant to the Code of Virginia as follows: 1. Section 2.2-3711(A)(8) of the Code of Virginia for consultation with the County Attorney regarding a taxation matter. K. CERTIFICATION RESOLUTION L. ADJOURNMENT Page 1 of 2 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Ordinance 1) accepting funds in the amount of $647,774 from the Virginia Department of Rail and Public Transportation (DRPT) and appropriating such funds to the County’s grant fund for operation of the CORTRAN program, and 2) reallocating $26,991 from the CORTRAN Budget in the operating fund to the grant fund for the required match for operation of the CORTRAN program. SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and appropriate $647,774 of grant funding from (DRPT), to be used to offset the monthly cost of the CORTRAN program, and reallocate $26,991 from the CORTRAN budget in the operating fund for the required local match. BACKGROUND: The CORTRAN program was established in 1985 in order to help County residents remain in their homes and independent with curb -to-curb transportation from their homes to destinations within Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton. The program is currently structured so that Roanoke County residents are eligible to use the CORTRAN program if they are either 65 years of age or better, or if they have a disability. While Roanoke County funds the program annually, staff started applying for grant funding through (DRPT) for fiscal year 2022 to offset the County's cost of the program. Previous awards include: Page 2 of 2 Fiscal Year Requested Amount Awarded Amount Local Match 2022 $207,568 $119,008 Urban only $61,334 2023 $613,338 $538,000 Urban and Rural $21,520 2024 $746,626 $465,091 Urban and Rural $19,379 DISCUSSION: Staff applied for FTA 5310 funding through DRPT on February 1, 2024. The Commonwealth Transportation Board adopted the Six -Year Improvement Program on June 18, 2024, which included an award of $674,765 for the CORTRAN program ($647,774, with a required local match of $26,991). DRPT has indicated that funding is still available from the Bipartisan Infrastructure Law providing additional funding to DRPT to be distributed to transit programs around the Commonwealth. This is the third time Roanoke County has received funding for the rural area of the county. The FTA Section 5310 grant for rural and urban funding is limited to be reimbursed monthly starting October 1, 2024, through September 30, 2025. FISCAL IMPACT: Roanoke County was awarded $196,574 in rural capital funding and $451,200 in urban capital funding totaling $647,774 for the CORTRAN program, which represents 80 percent (80%) Federal funding,16 percent (16%) State funding and requires a four percent (4%) local match of $26,991 for a total grant of $674,765. The FTA Section 5310 grant funding will be used to offset the monthly cost of the CORTRAN program. The local match funding is available in the CORTRAN fiscal year 2025 budget. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and requests scheduling of the second reading for September 24, 2024. Commonwealth Transportation Board W. Sheppard Miller, III 1401 East Broad Street (804) 482-5818 Chairperson Richmond, Virginia 23219 Fax: (804) 786-2940 Agenda item # 6 RESOLUTION OF THE COMMONWEALTH TRANSPORTATION BOARD June 18, 2024 MOTION Made By: Mr. Kasprowicz, Seconded By: Mr. Byers Action: Motion carried, unanimously. Title: Action on Fiscal Year 2025 Annual Budgets Commonwealth Transportation Fund, Department of Rail and Public Transportation and the Virginia Department of Transportation WHEREAS, the Commonwealth Transportation Board is required by §§ 33.2-214 (B) and 33.2-221 (C) of the Code of Virginia (Code) to administer and allocate funds in the Transportation Trust Fund, based on the most recent official Commonwealth Transportation Fund revenue forecast; and WHEREAS, § 33.2-1524.1 of the Code requires a portion of the funds in the Transportation Trust Fund to be set aside and distributed to construction programs pursuant to § 33.2-358, the Commonwealth Mass Transit Fund, Commonwealth Rail Fund, the Commonwealth Port Fund, the Commonwealth Aviation Fund, the Commonwealth Space Flight Fund, the Priority Transportation Fund and a special fund within the Commonwealth Transportation Fund to be used to meet the necessary expenses of the Department of Motor Vehicles; and WHEREAS, § 33.2-358 (A) of the Code requires the Board to allocate each year from all funds made available for highway purposes such amount as it deems reasonable and necessary for the maintenance of roads within the interstate system of highways, the primary system of state highways, the secondary system of state highways and for city and town street maintenance payments made pursuant to § 33.2-319 and payments made to counties which have withdrawn or elect to withdraw from the secondary system of state highways pursuant to § 33.2- 366; and Resolution of the Board FY 2025 Annual Budgets – Commonwealth Transportation Fund, Department of Rail and Public Transportation and the Virginia Department of Transportation June 18, 2024 Page 2 of 2 WHEREAS, §33.2-358 (B) of the Code requires the Board to allocate available funds for construction and other non-maintenance activities by formula; and WHEREAS, other sections of the Code of Virginia and the current Appropriation Act require certain allocations; and WHEREAS, pursuant to § 33.2-214 (B), the Commonwealth Transportation Board has established the updated project allocations for the fiscal years 2025 through 2030 in the Six-Year Improvement Program; and WHEREAS, § 2.2-2100 of the Code allows the Board to review and comment on budget items not specifically enumerated to the Board by statute. NOW, THEREFORE, BE IT RESOLVED by the Commonwealth Transportation Board that the recommended allocations and expenditures required by the various statutes as contained in the budgets for the Commonwealth Transportation Fund, Department of Rail and Public Transportation, and the Department of Transportation for Fiscal Year 2025 are approved. #### 1 Recipients Selected $674,765 Total FY25 Project Costs $107,962 Total FY25 State Funding S U M M A R Y Projects Selected $539,812 Total FY25 DRPT Federal Funding 2 Search by Project DetailsCounty of Roanoke - FTA 5310 Other Capital - Contracted Transportation (Urban) State Funding $75,200 DRPT Federal Funding $376,000 Match $18,800 DetailsCounty of Roanoke - FTA 5310 Other Capital - Contracted Transportation (Rural) State Funding $32,762 DRPT Federal Funding $163,812 Match $8,191 Filter by Recipient Filter by Organization/Service Detail Filter by Program Area Filter by VDOT District Apply C1 Selected 1 S l t d 0 Selected 1 Selected Note: The lters set on previous views will apply to the current view. To reset, please clear on the h l ll Summary Rail Transit SYIP Glossary 7/16/24, 3:39 PM Transit | FY2025 Six-Year Improvement Program (SYIP) https://experience.arcgis.com/experience/94deac845256429abbd34adcbd91365e/page/Transit/?views=Transit-Projects---Map-View#widget_1116=active_datasource_id:dataSource_1,center:-8906110.…1/2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 24, 2024 ORDINANCE 1) ACCEPTING FUNDS IN THE AMOUNT OF $647,774 FROM THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION AND APPROPRIATING SUCH FUNDS TO THE COUNTY’S GRANT FUND FOR OPERATION OF THE CORTRAN PROGRAM, AND 2) REALLOCATING $26,991 FROM THE CORTRAN BUDGET IN THE OPERATING FUND TO THE GRANT FUND FOR THE REQUIRED MATCH FOR OPERATION OF THE CORTRAN PROGRAM WHEREAS, the County of Roanoke Transportation (CORTRAN) program was established in 1985 in order to help County residents remain in their homes and independent with curb-to-curb transportation from their homes to destinations within Roanoke County, the City of Roanoke, the City of Salem , and the Town of Vinton; and WHEREAS, the CORTRAN program is currently structured so that Roanoke County residents are eligible to use the service if they are either 65 years of age or better, or if they have a disability; and WHEREAS, Roanoke County has applied for grant funding through the Department of Rail and Public Transportation (DRPT) for fiscal year 2025 to offset the County's cost of the program; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on September 10, 2024, and the second reading was held on September 24, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $647,774 is accepted from DRPT and appropriated to the Grant Fund for the purpose of operating the CORTRAN program. 2. That the sum of $26,991, which funds were previously appropriated to the CORTRAN budget in the Operating Fund, be reallocated to the Grant Fund (as the required County contribution for receipt of the funds from DRPT). 3. That this ordinance shall take effect upon its adoption. CORTRAN Update September 2024 1 CORTRAN Mission Statement To provide demand response transportation service to approved Roanoke County citizens to and from their primary residence to facilitate independent living and continued involvement in the community. 2 Program Overview Eligibility: •Roanoke County resident •Age 65 or better and/or have a disability Service availability: •Monday through Friday •7:00 A.M. to 6:00 P.M. 3 Via –Driver and Vehicle Partner 4 Roanoke County partners with Via to provide a rideshare program to transport riders to the following destinations: •Roanoke County •Roanoke City •City of Salem •Town of Vinton CORTRAN provided 14,950 trips to 193 Roanoke County residents in FY 2024 5 Medical, 78% Employment, 17% Education, 4%Misc., 1% Purpose of Trips Medical Employment Education Misc. Grant Funding FY 2022 -$119,008 FY 2023 -$538,000 FY 2024 -$465,091 FY 2025 -$647,774 Total -$1,769,873 6 Roanoke County has received grant funding through the Virginia Department of Rail and Public Transportation Annual CORTRAN Survey •30% return rate •85% of respondents were satisfied with the service •55% would not be able to take a trip if CORTRAN was not available •88% indicated they do not have the ability to drive •Riders continue to be interested in weekend hours and expansion to other localities outside of the service area 7 Questions? 8 Page 1 of 1 ACTION NO. ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: September 10, 2024 Confirmation of Appointment Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: ISSUE: BACKGROUND: Parks, Recreation & Tourism Advisory Committee (by District) FISCAL IMPACT: STAFF RECOMMENDATION: Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM E - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 10, 2024, designated as Item E - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes – August 20, 2024 2. Request to accept and allocate Selective Enforcement Grant Funds in the amount of $154,700 from the Division of Motor Vehicles for the purpose of Selective Enforcement. 3. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (Second Reading) 4. Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000). (Second Reading) 5. Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority. (Second Reading) 6. Ordinance accepting Transportation Alternatives Program funds in the amount of $248,022 from the Roanoke Valley Transportation Planning Organization, reallocating $62,005 from the Peters Creek/Williamson Road Corridor Study Capital Improvement Program (CIP) Project and appropriating all funds to the Grant Fund for construction of the Glade Creek Greenway through Vinyard Park West in the Vinton Magisterial District and in the Town of Vinton. (First Reading and request for Second Reading) Page 1 of 10 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the only regularly scheduled meeting of the month of August 2024. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. Before the meeting was called to order, an invocation/a moment of silence was observed. The Pledge of Allegiance was recited by all present. A. OPENING CEREMONIES 1. Roll Call Present: Supervisors Radford, Hooker, Mahoney, Shepherd, North Absent: None Staff Present: Richard L. Caywood, County Administrator; Rebecca Owens, Deputy County Administrator; Doug Blount, Assistant County Administrator; Madeline Hanlon, Community Engagement Director; Peter S. Lubeck, County Attorney; Amy Whittaker, Public Information Officer and Rhonda D. Perdue, Chief Deputy Clerk to the Board B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFING 1. Briefing by VDOT to provide information on transportation projects in Roanoke County. (Ken King, VDOT Salem District Engineer, Mike McPherson, VDOT Engineer) Briefing given by Ken King and Mike McPherson. Roanoke County Board of Supervisors Minutes August 20, 2024 Page 2 of 10 D. NEW BUSINESS Action No. 082024-1 Item D.1 1. Resolution Authorizing Economic Development Incentive Agreements with (1) the County of Roanoke, the Roanoke County Economic Development Authority, and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (Megan Baker, Director of Economic Development) Supervisor Hooker moved to approve the resolution. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None E. FIRST READINGS OF ORDINANCES Action No. 082024-2 Item E.1 1. Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000). (Doug Blount, Assistant County Administrator) (First Reading and Request for Second Reading) Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 10, 2024. Supervisor North seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Action No. 082024-3 Item E.2 2. Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority. (Laurie Gearheart, Director of Finance and Management Services) (First Reading and Request for Second Reading) Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 10, 2024. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Page 3 of 10 Action No. 082024-4 Item E.3 3. Ordinance approving the execution of a lease agreement with .com Properties, IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia. (Peter Lubeck, County Attorney) (Due to time constraints for the project, it is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter) Supervisor Hooker moved to approve the ordinance as an emergency ordinance, due to time constraints, and to dispense the second reading upon an affirmative vote of 4/5ths of the members of the Board. Supervisor Radford seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None F. SECOND READING OF ORDINANCES AND PUBLIC HEARING Action No. 082024-5 Item F.1 1. The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1, Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Supervisor North found that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following seven (7) conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. Page 4 of 10 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Supervisor Radford seconded the motion. Motion Approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None G. APPOINTMENTS Action No. 082024-6 Item G.1 1. Social Services Advisory Board (appointed by District) Teena Wilkin – re-appoint for a four-year term to expire July 31, 2028 Supervisor Radford moved to approve the appointment. Supervisor Mahoney seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None H. CONSENT AGENDA Action No. 082024-7.a-i Item H.1-9 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY Action No. 082024-7.a Item H.1 1. Approval of minutes – July 23, 2024 Action No. 082024-7.b Item H.2 2. Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (Second Reading) Page 5 of 10 Action No. 082024-7.c Item H.3 3. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000. Action No. 082024-7.d Item H.4 4. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System. Action No. 082024-7.e Item H.5 5. Request to approve holiday schedule for calendar year 2025. Action No. 082024-7.f Item H.6 6. Ordinance authorizing the Treasurer of the County of Roanoke to employ the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the cost of retaining a private collection attorney. (Second Reading) Action No. 082024-7.g Item H.7 7. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (First Reading and Request for Second Reading) Action No. 082024-7.h Item H.8 8. The petition of Dale Wilkinson to rezone approximately 21.39 acres of land zoned I-1,Low Intensity Industrial District, to R-3, Medium Density Multi-Family Residential District, in order to develop a 225-lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) Action No. 082024-7.i Item H.9 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System. Supervisor Hooker moved to adopt all matters on the consent agenda. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None I. CITIZENS' COMMENTS AND COMMUNICATIONS - None Page 6 of 10 J. REPORTS Action No. 082024-8 Item J.1-6 1. Unappropriated Balance, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2024 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2024 5. Accounts Paid – July 2024 Supervisor Mahoney moved to receive and file the reports that have been included with the agenda under Item J. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None K. WORK SESSION 1. Work session with staff to review progress on the Safe Streets and Roads For All Comprehensive Safety Action Plan. (Megan Cronise, Assistant Director of Planning) L. CLOSED MEETING, pursuant to the Code of Virginia as follows: Action No. 082024-9 1. Section 2.2-3711(A)(5) of the Code of Virginia, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. Specifically, the Board will discuss potential business location or expansion in the Catawba Magisterial District. Supervisor North moved to go to closed session. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None Note: Mr. Caywood and Mr. Blount departed the meeting at 6:30 p.m. for another engagement. Page 7 of 10 EVENING SESSION – 7:00 PM M. CERTIFICATION RESOLUTION Action No. 082024-10 In the closed session just concluded, nothing was discussed except the matter which was identified in the motion to convene in closed session. Only those matters lawfully permitted to be discussed under the Virginia Freedom of Information Act were discussed. Supervisor Radford moved to adopt the certification resolution. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None N. SECOND READING OF ORDINANCES AND PUBLIC HEARING Action No. 082024-11 1. The petition of Reed Road Solar 1, LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. (Philip Thompson, Director of Planning) (Second Reading and Public Hearing) Three (3) citizens were in attendance and spoke in support of the petition. Supervisor Radford found that the proposed special use permit: 1. Meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance; 2. Involves a use (utility service) which is not contemplated in the Roanoke County Comprehensive Plan’s future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service); and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following ten (10) conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024, Page 8 of 10 subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives’ area of expertise. The reasonable out-of- pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third-party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the “Fire Truck Payment”) for use towards a four-wheel drive fire truck vehicle to support the County’s fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program (“Local Subscribers”). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, Page 9 of 10 impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled “Special Use Permit Set – 9150 Reed Road, Bent Mountain, Virginia 24059” prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Supervisor Shepherd seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North Nays: None O. CITIZEN COMMENTS AND COMMUNICATIONS - None P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. David F. Radford 2. Tammy E. Shepherd 3. Martha B. Hooker 4. Paul M. Mahoney 5. Phil C. North Page 10 of 10 Supervisors were offered the opportunity to share comments and provide updates to their peers and the public on items of interest to them. Q. ADJOURNMENT Action No. 082024-12 Supervisor Radford moved to adjourn the meeting. Supervisor Hooker seconded the motion. Motion approved. Ayes: Supervisors Radford, Hooker, Mahoney, Shepherd, North, Nays: None Submitted by: Approved by: __________________________ __________________________ Richard L. Caywood Phil C. North Clerk to the Board of Supervisors Chairman Page 1 of 2 ACTION NO. ITEM NO. E.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Request to accept and allocate Selective Enforcement Grant Funds in the amount of $154,700 from the Division of Motor Vehicles for the purpose of Selective Enforcement. SUBMITTED BY: Michael Poindexter Chief of Police APPROVED BY: Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of $154,700 in grant funding with a required local match of $77,350 from the Division of Motor Vehicles for traffic enforcement and training. BACKGROUND: The Virginia Highway Safety Office, part of the Virginia Department of Motor Vehicles, oversees the funding and coordination of various highway safety grant programs. These programs are designed to improve the safety of motorists by focusing on a variety of factors that contribute to motorist injury. The Roanoke County Police Department has been awarded Selective Enforcement Grants as part of the ongoing initiative to reduce traffic fatalities in the Commonwealth of Virginia. The Roanoke County Police Department has received grants from the Division of Motor Vehicles for approximately 25 years. The Police Department uses these grants to reduce alcohol and speed related fatalities and serious injuries in traffic crashes, increase occupant protection, and to provide additional speed enforcement on I -81 and I-581. DISCUSSION: The Division of Motor Vehicles awarded to the Roanoke County Police Department the Page 2 of 2 following grants: 1. Selective Enforcement Grant in the amount of $85,700 to reduce alcohol related fatalities and serious injuries in traffic crashes with a required local match of $42,850 2. Selective Enforcement Grant in the amount of $69,000 to provide additional speed and occupant protection enforcement with a required local match of $34,500 The grant funds will be utilized for personnel and training costs associated with each grant program, as well as the purchase of four additional in-car radars and ten Alco- Sensor breath testing units. FISCAL IMPACT: The total awarded grant funds are $232,050 which includes a required local match of $77,350. The County will meet the local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2024-2025 Police Department budget. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the grant funds to the Roanoke County Police Department in the amount of $154,700 from the Division of Motor Vehicles for the Selective Enforcement Grants and meeting the required local match through operational funds budgeted for fuel and vehicle maintenance in the fiscal year 2024-2025 Police Department budget. Page 1 of 2 ACTION NO. ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Western Virginia Water Authority (WVWA) has contacted Roanoke County staff to advise about an upcoming project by the WVWA to install a new waterline extension in Roanoke County. The project will affect property owned by the Board of Supervisors at 0 South Roselawn Drive. In order to complete the work, the WVWA needs to acquire a permanent easement and a temporary construction easement from the Board of Supervisors for the property at 0 South Roselawn Drive. BACKGROUND: On June 24, 1993, the Board of Supervisors acquired by a Deed of Gift a parcel located at 0 South Roselawn Drive, containing .76 acres, and identified as Roanoke County Tax Map Number 086.03-01-38.00-0000. At the time of acquisition, the County needed the property due to location plans for the “South Transmission Line Project” and the “Starkey Road Water Line Project.” The Deed of Gift for the property includes a restriction that the County will use the property for “utility projects only.” County staff attended a site visit to the property with a representative of the WVWA. The property currently runs along a narrow section of South Roselawn Drive, is full of vegetation, and a transmission line runs along the property. DISCUSSION: In order to install a new waterline extension in Roanoke County, the WVWA plans to Page 2 of 2 install new, underground water pipes to provide an available municipal water source throughout a section of South Roanoke County. The WVWA’s project is titled “Poages Mill Water and Sewer Improvements.” In order to complete the work, the WVWA has requested easements from the Board of Supervisors across the property owned by the Board of Supervisors at 0 South Roselawn Drive. The WVWA has presented a Deed of Easement and a plat to Roanoke County staff, and the Roanoke County Attorney’s Office has reviewed and approved of the terms of the Deed of Easement. There have been no changes since the first reading of this ordinance on held on August 20, 2024. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the ordinance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY FOR WATER AND SEWER IMPROVEMENT PROJECTS WHEREAS, the Board owns a vacant parcel for utility purposes in Roanoke County, in the Windsor Hills Magisterial District, located at 0 South Roselawn Drive (and identified as Roanoke County Tax Map Number 086.03-01-38.00-0000); and WHEREAS, the WVWA has requested a new ten (10) foot temporary construction easement (containing 5,054 square feet) and a new permanent waterline easement (containing 1,326 square feet) on the County’s above-referenced property to install a new waterline extension in South Roanoke County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on August 20, 2024 and the second reading was held on September 10, 2024; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for conveyance to the Western Virginia Water Authority for purposes of a new ten (10) foot temporary construction easement and the new permanent waterline easement. 2. That conveyance to the Western Virginia Water Authority of a new ten (10) foot temporary construction easement and a new permanent waterline easement as shown on the exhibit titled “EASEMENT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING NEW PERMANENT WATERLINE EASEMENT AND NEW 10’ TEMPORARY CONSTRUCTION EASEMENT BEING ACQUIRED FROM BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA SITUATED ON SOUTH ROSELAWN ROAD WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA” dated May 28, 2024, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $1.00 as fair market value compensation for these easements. 4. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, including but not limited to signing a deed granting the easements with such changes as may be necessary and approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. Page 1 of 2 Prepared and Recorded By: Western Virginia Water Authority Consideration: $1.00, see exemption below 601 S. Jefferson St., Suite 300 Roanoke, Virginia 24011 Tax Map No. 086.03-01-38.00-0000 Return to same address noted above This Deed is exempt (i) from recordation taxes pursuant to Section 58.1-811 (A)(3) and (C)(5) of the Code of Virginia (1950), as amended, and (ii) from the payment of Clerk's fees pursuant to Section 17.1-266 of the Code of Virginia (1950), as amended. NOTICE TO THE CLERK: When indexing this instrument, please refer to the Western Virginia Water Authority Commonwealth Drive & Merriman Road Sanitary Sewer Replacement project THIS EASEMENT AGREEMENT, made this ________ day of _________________, 2024, by and between BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (whether one or more, the "Grantor"); and the WESTERN VIRGINIA WATER AUTHORITY, a water and sewer authority created pursuant to Chapter 51 of Title 15.2 of the Code of Virginia (1950), as amended ("Grantee"). : W I T N E S S E T H : That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Easement Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easements, to-wit: A new variable width RIGHT and EASEMENT of 1,326 square feet and a ten foot (10’) temporary construction easement to construct, install, improve, operate, inspect, use, maintain, repair or replace a water line or lines and communication infrastructure including but not limited to fiber optics cable together with related improvements including slope(s), if applicable (collectively, the “easement”), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the Grantor, acquired by deed dated June 24, 1993, and recorded in the Clerk's Office for Circuit Court of the County of Roanoke, Virginia, as Deed Book 1429, Page 01449 and designated on the Land Records as Tax Map No. 086.03-01-38.00-0000 (the “Property”). The location of said easement is generally described on the exhibit attached hereto as “Exhibit A” and more particularly described as being centered over the constructed water line or lines. The Grantee agrees to restore and repair any actual damage to Grantor’s property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable to the condition at the time the easement was granted, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endangers or interferes with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they affect the Property have been fully explained to Grantor or Grantor’s authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee or its assigns and further grantees shall remain the property of the Grantee or its Page 2 of 2 assigns and further grantees. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Easement Agreement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. WITNESS the following signature(s): GRANTOR:_______________________________________ Richard L. Caywood – County Administrator Approved as to form: _______________________________ County Attorney COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of _____________, 2024, by Richard L. Caywood , County Administrator, on behalf of the Grantor. ___________________________________ Notary Public My Commission Expires: My Registration Number is: GRANTEE: WESTERN VIRGINIA WATER AUTHORITY By: _________________________________ Dr. Irene T. Okioga, P.E. Title: Director – Engineering Services COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to wit: The foregoing instrument was acknowledged before me this _______ day of ___________________, 2024, by Irene T. Okioga, PE, Director of Engineering Services for the Western Virginia Water Authority, on behalf of said corporation, Grantee. ___________________________________ Notary Public My Commission Expires: My Registration Number is: Mattern & Craig Mattern & Craig Page 1 of 2 ACTION NO. ITEM NO. E.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000) SUBMITTED BY: Rachel Lower Deputy County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: In order to enhance services for Roanoke County residents and to improve the work environment for Roanoke County employees, staff have identified a need for a new Department of Parks, Recreation, and Tourism office. BACKGROUND: Staff have identified a need for a new Roanoke County Department of Parks, Recreation, and Tourism office in Roanoke County. To accomplish this project, staff initiated a search of real estate to acquire to achieve this purpose. County staff have concluded that a certain property, containing approximately 2.71 acres and an existing building, located at 4818 Starkey Road, would be the most appropriate property to purchase and relocate Roanoke County's Department of Parks, Recreation, and Tourism office to. DISCUSSION: The property located at 4818 Starkey Road is currently owned by the Economic Development Authority of Roanoke County, Virginia. County staff have been in contact with representatives of the Economic Development Authority of Roanoke County, Virginia, and have mutually agreed upon terms of the sale of the property located at 4818 Starkey Road. Page 2 of 2 FISCAL IMPACT: The purchase price of the property located at 4818 Starkey Road will be $1,907,152.00 (the board report for the first reading of this agenda item included an extra 33 cents on the purchase price). The purchase price will include certain items of personal property that are currently located in the building to be sold with the property. Funding for purchase of the property and renovating the existing building located thereon can come from Roanoke County's bonds through the Virginia Resource Authority (VRA) as part of their 2022B Fall issuance. To use this bonding an amendment must be made to the VRA bond financing lease and tax certificate documents. The amendment is being presented to the Board as a separate agenda item. STAFF RECOMMENDATION: Other than the minor change to the purchase price (less 33 cents), there have been no changes to this agenda item since the first reading. Staff recommends approval of this ordinance on September 10, 2024. 1 PREPARED BY: Rachel W. Lower, Deputy County Attorney VSB # 88094 Office of the County Attorney 5204 Bernard Drive Roanoke, VA 24018 Tax Map No: 087.07-01-16.00-0000 Title Insurance Underwriter: Fidelity National Title Insurance Company Consideration: $1,900,000.00 Tax Assessed Value: $1,265,000.00 This instrument is exempt from the imposition of recordation taxes pursuant to § 58.1 -811(A)(3) of the Code of Virginia (1950), as amended and exempt from the imposition of fees pursuant to § 17.1-266 of the Code of Virginia (1950), as amended. THIS DEED, made and entered into this _____ day of _________________, 2024, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, as Grantee; WITNESSETH: In consideration of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby BARGAIN, SELL, GRANT and CONVEY, with General Warranty and Modern English Covenants of Title, unto the Grantee, the Board of Supervisors of Roanoke County, Virginia, all of that certain lot or parcel of land located in the County of Roanoke, Virginia, and more particularly described as follows: New Tract 1, containing 2.717 acres, as shown on the plat dated April 11, 1997, prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, which plat is the combination of property of Old Heritage Corporation and property of 4818 Starkey Partnership, and creating thereon New Tract 1 (2.717 ac.) and New Tract E-3 (9.868 ac.), which plat is recorded in the Clerk’s Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 19, page 172; and Being the same property conveyed to the Grantor by Deed from Delta Dental of Virginia, which was formerly known as and took title as Delta Dental Plan of 2 Virginia, Inc., dated May 17, 2024, and recorded in the aforesaid Clerk’s Office as Instrument No. 202403596. This conveyance is made subject to all restrictions, reservations, easements and conditions of record now affecting the property hereby conveyed. In compliance with the provisions of § 18.04 of the Roanoke County Charter, the Board of Supervisors of Roanoke County, Virginia approved the acquisition of the property subject to this Deed by Ordinance #__________________ adopted by the Board of Supervisors of Roanoke County, Virginia on September 10, 2024. WITNESS the following signatures and seals: GRANTOR: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Linwood P. Windley, Chairman STATE OF ____________________ CITY/COUNTY OF ________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ____________________, 2024, by Linwood P. Windley, Chairman of the Economic Development Authority of Roanoke County, Virginia on behalf of the Economic Development Authority of Roanoke County, Virginia. Notary Public Commission Expires: Registration Number: 3 GRANTEE: THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: _________________________________ Richard Caywood, County Administrator STATE OF ____________________ CITY/COUNTY OF ________________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ____________________, 2024, by Richard Caywood, County Administrator for the County of Roanoke, Virginia. Notary Public Commission Expires: Registration Number: Approved as to form: _____________________ County Attorney Page 1 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY CONTAINING APPROXIMATELY 2.71 ACRES LOCATED AT 4818 STARKEY ROAD, ROANOKE, VIRGINIA (ROANOKE COUNTY TAX MAP NUMBER 087.07-01-16.00-0000) WHEREAS, in order to enhance services for Roanoke County residents and to improve the work environment for Roanoke County employees, staff have identified a need for a new Department of Parks, Recreation, and Tourism office; and WHEREAS, staff have concluded that a certain p roperty, containing approximately 2.71 acres and an existing building, located at 4818 Starkey Road, would be the most appropriate property to purchase and relocate Roanoke County’s Department of Parks, Recreation, and Tourism office to; and WHEREAS, the Economic Development Authority of Roanoke County, Virginia is the owner of the property located at 4818 Starkey Road, bearing Roanoke County Tax Map Number 087.07-01-16.00-0000 and containing approximately 2.71 acres (“the Property”); and WHEREAS, the Economic Development Authority of Roanoke County, Virginia is willing to sell the Property to the Board of Supervisors of Roanoke County, Virginia; and WHEREAS, § 2.03 of the Roanoke County Charter provides that the County, upon a showing of public necessity, may acquire property within or without its boundaries for any of its facilities or functions; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia has determined that it is in the public interest and that a public necessity exists to acquire the Property; and Page 2 of 2 WHEREAS, § 18.04 of the Roanoke County Charter provides that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on August 20, 2024, and the second reading was held on September 10, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map Number 087.07-01- 16.00-0000) is hereby authorized and approved at the purchase price of $1,907,152.00. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the deed of conveyance (with any changes as approved by the County Attorney’s Office) and any other documents necessary to accomplish the acquisition and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 1 of 2 ACTION NO. ITEM NO. E.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority BACKGROUND: The County of Roanoke issued $13 million in bonds through the Virginia Resource Authority (VRA) as part of their 2022B Fall issuance. A portion of these proceeds, $4.775 million, are being used for the board approved project titled "Public Service Center Phase II" as described in Attachment A. When the County submitted the application to participate in the issuance, the description of the project was for "new construction of approximately 12,000 s.f. of office space, renovation to an existing 21,000 s.f. storage warehouse, and new construction of a 7,000 s.f. outdoor storage structure to relocate the Parks, Recreation, and Tourism administrative offices and north and east PRT shops. Significant site grading, sanitary sewer main relocation, and building sprinkler system are included in the project scope." DISCUSSION: Page 2 of 2 However, during the final phase of construction document development, a cost estimate was provided, showing a significant increase in the construction budget, which placed the project cost above the overall project budget. It was determined that the project budget could not be achieved without significantly reducing the scope by reprogramming spaces and redesigning the proposed facilities. As an alternative to a complete redesign, the Parks, Recreation & Tourism administration offices could be relocated to an existing building that would accommodate the previously developed space program, require fewer renovations, less site development, and significantly reduce new construction costs. A building has been identified which is appropriately sized and structurally sound. Although some interior renovations and building equipment replacement are required, the purchase price and projected renovation costs are less than constructing a new administration office facility. Parks operations will utilize the existing Hollins Road warehouse, and the adjacent field will be developed into a storage laydown yard. The VRA requires an amendment to the original description in order to use the bond proceeds set aside for this project to buy a building versus new construction as originally planned. The revised 2022 Financing Lease and the 2022 Tax document are attached with the updated description along with the required ordinance to approve the changes. There has been no changes since the first reading of the ordinance. FISCAL IMPACT: At this time, there is no fiscal impact as the project is estimated to stay within the already board approved budget. STAFF RECOMMENDATION: Staff recommends approval of the ordinance.            ! "#$%&'#()*+**()*+*, ()*+*- ()*+*. 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Mh loDgHIm JfJk J  h logmg!M  Jk  M   Attachment A               !"#$%&'()*%&(+(,-()./&%$%-01&2,-%,"(3456789:;<9=:6>?;>7@A@BCD=;>E>:A;>7@F        J I  KLMHH   NO    RI  SKTM  U  O       H U     P   OW   H  H J M    O O  OPH  H U      X     O        OJ  H        H  H O  Y G H Z H UI    HH O M  [   OH    OHH    \   X ]  PH  OM OO   ]  OH         OM  H  O H  H J PH      OP6A;>@abc?A:;=FH IOM O   MHH   H  H J Pef O      OH U  I  O  OH         OP>;i5_A@=j57_>:>9=jA@Bk9aA_`l_>aA;>7@=F      H O  O    OO O   JZ P56789:;n>ai_>q>_9=;7@9=FrGH IO  O  O O OKTrGH    OIIH   OH  O O R  OrKL  O     rKT V OW     OPr   O R   H g7ccD@>;pu;6A;9a>:5_A@ 185020769_4.docx CERTIFICATE OF CLERK The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that: 1. A regular meeting (the "Meeting") of the Board of Supervisors of the County of Roanoke, Virginia (the "Board"), was held on __________, 2024, at which the following members were present and absent: PRESENT: ABSENT: 2. An Ordinance entitled "ORDINANCE AUTHORIZING THE REALLOCATION OF A PORTION OF THE PROCEEDS OF THE COUNTY'S 2022 LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY" was duly adopted at the Meeting by the recorded affirmative roll-call vote of a majority of all of the members elected to the Board, the ayes and nays being recorded in the minutes of the Meeting as shown below: MEMBER VOTE 3. Attached hereto is a true and correct copy of the foregoing ordinance as recorded in full in the minutes of the Meeting. 4. The attached ordinance has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the County of Roanoke, Virginia, this ___ day of __________, 2024. ___________________________________ Clerk of the Board of Supervisors of the County of Roanoke, Virginia [SEAL] -1- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE AUTHORIZING THE REALLOCATION OF A PORTION OF THE PROCEEDS OF THE COUNTY'S 2022 LEASE FINANCING WITH VIRGINIA RESOURCES AUTHORITY WHEREAS, by Ordinance 091322-4 adopted on September 13, 2022 (the "Series 2022 Ordinance"), the County of Roanoke, Virginia (the "County") authorized a lease-leaseback transaction with Virginia Resources Authority ("VRA") whereby the County would finance, among other things, certain costs associated with the site work, construction, equipping and renovation of office space, a storage warehous e and outdoor storage structures to relocate the County's Parks, Recreation and Tourism administrative offices and shops (the "Parks Building Construction Project"); WHEREAS, to evidence the financing of the Parks Building Construction Project, the County and VRA entered into a Prime Lease dated as of September 16, 2022 (the "Prime Lease") and the Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease" and together with the Prime Lease, the "Leases"); WHEREAS, the County has determined to acquire and renovate an approximately 12,400 square foot office building, renovate an approximately 23,000 square foot storage warehouse, undertake mass grading for a new storage yard with perimeter fencing, and construct an approximately 7,000 square foot outdoor storage structure all for relocating the County's Parks, Recreation, and Tourism administrative offices and north and east PRT shops (the "New Project") instead of constructing each of the new buildings for the Parks Building Construction Project contemplated by the Series 2022 Ordinance; WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "Board") desires to authorize the expenditure of a portion of the proceeds of the Financing Lease, including interest earnings thereon, on the New Project; WHEREAS, the first reading of this ordinance was held on August 20, 2024, and the second reading was held on September 10, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Use of Financing Lease Proceeds and Ratification. The Board hereby approves of the use of up to $4,775,000 of the proceeds of the Financing Lease, including interest earnings thereon, to pay the costs of the New Project instead of the Parks Building Construction Project. The Board hereby ratifies and reaffirms the Series 2022 Ordinance, except as it has been supplemented by this Ordinance. -2- 2. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the authorizations granted in this Ordinance provided that those actions are otherwise in furtherance of this Ordinance and any such action previously taken is hereby ratified and confirmed, including without limitation amendments or supplements to the Leases and any tax documents delivered in connection with the Leases. 3. Effective Date. This Ordinance shall take effect immediately. Prepared by: Arthur E. Anderson II McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond, Virginia 23219 Tax Map ID: 039.05-02-04.00-0000; 7110105 191825439_2 AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE between VIRGINIA RESOURCES AUTHORITY and COUNTY OF ROANOKE, VIRGINIA Dated as of September __, 2024 Virginia Resources Authority Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) Series 2022B THIS AGREEMENT IS EXEMPT FROM RECORDING TAXES UNDER SECTIONS 58.1-811(A)(3) AND 17.1-266 OF THE CODE OF VIRGINIA OF 1950, AS AMENDED. -i- TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Section 1.1 Capitalized Terms ............................................................................................ 2 Section 1.2 Definitions........................................................................................................ 2 ARTICLE II AMENDMENTS Section 2.1 Amendment Authorization............................................................................... 2 Section 2.2 Amendment to Original Project Budget .......................................................... 2 Section 2.3 Conditions Precedent to Effectiveness of Amendments .................................. 2 ARTICLE III MISCELLANEOUS Section 3.1 Ratification of the Financing Lease ................................................................. 3 Section 3.2 Successors and Assigns.................................................................................... 3 Section 3.3 Amendments .................................................................................................... 3 Section 3.4 Applicable Law ................................................................................................ 3 Section 3.5 Severability ...................................................................................................... 3 Section 3.6 Headings .......................................................................................................... 4 Section 3.7 Counterparts ..................................................................................................... 4 Exhibit A Amended Project Budget AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE THIS AMENDMENT TO LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE (this "Amendment") is dated as of September __, 2024, and is between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), as Lessor, and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"), as Lessee. A. Pursuant to a Prime Lease dated as of September 16, 2022 (the "Prime Lease"), between VRA, as lessee, and the Local Government, as lessor, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia (the "Clerk's Office"), as Instrument No. 202211685, VRA acquired from the Local Government a leasehold interest in certain real property and improvements as described on Exhibit A attached to the Prime Lease (the "2022 Real Estate"). B. Pursuant to a Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease"), between VRA, as lessor, and the Local Government, as lessee, and recorded in the Clerk's Office as Instrument No. 202211686, VRA leased the 2022 Real Estate to the Local Government. C. VRA acquired the Financing Lease with proceeds of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2022B (the "2022B VRA Bonds"), and as security for the 2022B VRA Bonds, VRA entered into a Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of September 16, 2022 (the "Deed of Trust"), for the benefit of the trustees under the Deed of Trust. D. The Local Government has requested VRA to agree to certain amendments to the Project as described in Exhibit B of the Financing Lease (the "Original Project") and to the Project Budget as set forth in Schedule 1.1 to the Financing Lease (the "Original Project Budget") as set forth in Exhibits A and B, respectively, attached to this Amendment. E. VRA has agreed to make the amendments requested on the terms and conditions set forth in this Amendment. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, VRA and the Local Government covenant and agree as follows: -2- ARTICLE I DEFINITIONS Section 1.1 Capitalized Terms. Each capitalized term used in this Amendment that is not defined herein has the meaning given to it in the Financing Lease, unless context requires otherwise. Section 1.2 Definitions. For purposes of this Amendment, each capitalized term set forth below has the following meaning, unless context requires otherwise: "Amendment" means this Amendment to Local Lease Acquisition Agreement and Financing Lease dated as of September __, 2024, between VRA and the Local Government, as modified, altered, amended or supplemented from time to time. "Financing Lease" has the meaning set forth in the Recitals. "Local Government" has the meaning set forth in the Recitals. "Local Lease Documents" means the Financing Lease, the Prime Lease, the Deed of Trust and the Local Tax Document. "Local Tax Document" means the Nonarbitrage Certificate and Tax Compliance Agreement, dated November 16, 2022, between the Local Government and VRA. "Prime Lease" has the meaning set forth in the Recitals. "2022B VRA Bonds" has the meaning set forth in the Recitals. "VRA" has the meaning set forth in the Recitals. ARTICLE II AMENDMENTS Section 2.1 Amendment Authorization. This Amendment is authorized and entered into pursuant to and in accordance with Section 11.3 of the Financing Lease. Section 2.2 Amendment to Original Project and Original Project Budget. (a) The description of the Original Project as set forth in Exhibit B of the Financing Lease is hereby amended to provide as set forth in Exhibit A to this Amendment. (b) The Original Project Budget is hereby amended to provide as set forth in Exhibit A to this Amendment. -3- Section 2.3 Conditions Precedent to Effectiveness of Amendments. The amendments to be made by this Amendment shall not be effective unless and until VRA has received the following in form and substance satisfactory to VRA: (a) A certified copy of an ordinance of the governing body of the Local Government approving this Amendment; (b) An executed counterpart of this Amendment; (c) An executed counterpart of the Amendment to Nonarbitrage Certificate and Tax Compliance Agreement dated as of September ___, 2024 (the "Tax Amendment"), by and between VRA and the Local Government; and (d) An opinion of McGuireWoods LLP, bond counsel to the Local Government, regarding the authorization and enforceability of the Amendment and the Tax Amendment and the private activity bond status of the Financing Lease, and to the effect that the implementation of the Amendment and the Tax Amendment will have no adverse effect on the exclusion of interest on the 2022B VRA Bonds from gross income for federal income tax purposes, and will not cause interest on the 2022B VRA Bonds to become a specific item of tax preference for purposes of the federal alternative minimum tax. ARTICLE III MISCELLANEOUS Section 3.1 Ratification of the Financing Lease. The Local Government and VRA hereby acknowledge and agree that except as amended and supplemented by this Amendment, the Financing Lease is hereby ratified and confirmed and continues in full force in effect in accordance with its terms. The Local Government and VRA hereby acknowledge and agree that for purposes of interpreting the Financing Lease and other related documents in which the Financing Lease is referenced, including the Local Lease Documents, a reference to the Financing Lease is sufficient to refer to the Financing Lease as amended by this Amendment and no specific reference to this Amendment is necessary. Section 3.2 Successors and Assigns. This Amendment shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 3.3 Amendments. Any amendment to this Amendment must be in writing and shall be signed by or on behalf of VRA and the Local Government. Section 3.4 Applicable Law. This Amendment shall be governed by the laws of the Commonwealth of Virginia. Section 3.5 Severability. If any clause, provision or section of this Amendment shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Amendment, which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Amendment. If any agreement or obligation contained in this Amendment is held to be in -4- violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of VRA and the Local Government, as the case may be, only to the extent permitted by law. Section 3.6 Headings. The headings of the several articles and sections of this Amendment are inserted for convenience only and do not comprise a part of this Amendment. Section 3.7 Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [Signature Page Follows] [Signature Page of Amendment to Financing Lease for County of Roanoke] WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY By:______________________________________ [SEAL] Shawn B. Crumlish, Executive Director COMMONWEALTH OF VIRGINIA ) ) to-wit: CITY OF RICHMOND, VIRGINIA ) The foregoing instrument was acknowledged before me in the jurisdiction aforesaid, this ___ day of September, 2024, by Shawn B. Crumlish, as Executive Director of Virginia Resources Authority on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ________________ My commission expires: ________________ [Signature Page of Amendment to Financing Lease for County of Roanoke] Address for Notices: [____________] [____________] Attn: County Administrator COUNTY OF ROANOKE, VIRGINIA By:_________________________________ Name: ______________________________ Title: _______________________________ [SEAL] ATTEST: ___________________________________ Clerk, Board of Supervisors COMMONWEALTH OF VIRGINIA ) ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this ___ day of September, 2024, by ______________, as the Clerk of the Board of Supervisors of the County of Roanoke, Virginia, on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ___________________ My commission expires: ____________________ COMMONWEALTH OF VIRGINIA ) ) COUNTY OF ROANOKE ) to-wit: The foregoing instrument was acknowledged before me in the County of Roanoke, Virginia, this ___ day of September, 2024, by ______________, as the Clerk of the Board of Supervisors of the County of Roanoke, Virginia, on behalf thereof. _______________________________________ Notary Public [SEAL] My commission number: ___________________ My commission expires: ____________________ [Signature Page of Amendment to Financing Lease for County of Roanoke] The Trustee, by the execution hereof, accepts the duties imposed on it by this Agreement. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee By:___________________________________ Monique Green, Vice President COMMONWEALTH OF VIRGINIA ) ) to-wit: CITY OF RICHMOND ) The foregoing instrument was acknowledged before me this ___ day of September, 2024 by Monique Green, as the Vice President of U.S. Bank Trust Company, National Association, on behalf thereof. [SEAL] ___________________________________ Notary Public My commission number: _______ My commission expires: _______ EXHIBIT A AMENDED PROJECT DESCRIPTION The Project consists of financing all or a portion of the costs (or to reimburse the Local Government for payment of such costs) of various capital improvements, including (i) the acquisition of land for and the construction and equipping of a new fire station to be located on Mexico Way, Roanoke Virginia 24012; (ii) the acquisition and renovation an approximately 12,400 square foot office building, the renovation of an approximately 23,000 square foot storage warehouse, the undertaking of mass grading for a new storage yard with perimeter fencing, and the construction of an approximately 7,000 square foot outdoor storage structure all for relocating the Local Government's Parks, Recreation, and Tourism administrative offices and north and east PRT shops; and (iii) the construction and reconstruction of a portion of the Local Government's roads, the installation of a telecommunications line and related infrastructure and capital improvements at the County's Explore Park, together with related costs of issuance. EXHIBIT B AMENDED PROJECT BUDGET Roanoke County Sources and Uses of Funds Sources Par Amount $12,660,000.00 Net Premium (Discount) 812,376.10 Estimated Equity Contribution* 6,135,000.00 Estimated Earnings** 349,570.09 Total Sources $19,956,946.19 Uses Bonsack Fire Station Construction $10,325,000.00 Public Service Center Phase II 7,375,000.00 Explore Park Improvements – Phase II 1,395,000.00 Capitalized Interest 292,548.44 Local Costs of Issuance 30,000.00 VRA Costs of Issuance 88,419.73 Underwriter's Discount 70,648.44 CRF Equity Contribution 16,625.82 Additional Proceeds/Contingency 363,703.76 Total Uses $19,956,946.19 * $1,000,000 equity contribution is expected to be allocated to the Bonsack Fire Station and $100,000 to the Public Service Center ** based on draw schedule provided by the applicant and the Virginia SNAP 7-Day rate as of 10/25/2022 191836347_2 VIRGINIA RESOURCES AUTHORITY VIRGINIA POOLED FINANCING PROGRAM AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT This AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT is made as of September __, 2024 (this "Amendment"), by and between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Local Government"). RECITALS A. VRA and the Local Government have determined to make certain amendments to the Nonarbitrage Certificate and Tax Compliance Agreement dated November 16, 2022 (the "Tax Agreement"), between VRA and the Local Government. B. The Tax Agreement has been incorporated by reference into the Local Lease Acquisition Agreement and Financing Lease dated as of September 16, 2022 (the "Financing Lease"), between VRA and the Local Government, as provided in Section 9.l of the Financing Lease. C. Section 11.3 of the Financing Lease provides that any amendment of the terms and conditions thereof must be in writing and signed by or on behalf of VRA and the Local Government. D. Section 5.2 of the Tax Agreement in effect allows amendments to any provision thereof requiring action or forbearance by the Local Government if there is provided to VRA an an opinion of nationally-recognized bond counsel to the effect that such amendments will have no adverse effect on the exclusion from gross income of the interest on the 2022B VRA Bonds under Section 103 of the Code or cause such interest to become a Specific Tax Preference Item. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Amendment certify, represent, warrant and agree with one another and with the Trustee for the benefit of the owners of the 2022B VRA Bonds as follows: Section 1. Definitions. (a) Unless otherwise defined, each capitalized term used in this Amendment shall have the meaning set forth in the Tax Agreement, as amended. (b) The term "Financing Lease" as used in the Tax Agreement and this Amendment is hereby deemed to refer to the Local Lease Acquisition Agreement and Financing Lease as amended by the Amendment to Local Lease Acquisition Agreement and Financing Lease dated as of September ___, 2024, between VRA and the Local Government. Section 2. Amendment of Exhibits. Exhibits A and B to the Tax Agreement are hereby deleted and Exhibits A and B to this Amendment are substituted therefor. Section 3. Ratification of Original Tax Agreement. Other than as specifically amended hereunder, the Local Government acknowledges that its representations, warranties and covenants under the Tax Agreement remain in full force and effect. Section 4. Reliance. It is understood by the Local Government that the certifications, representations, warranties and agreements contained in this Amendment will be relied upon by bond counsel to VRA, in rendering the opinion required under Section 5.2 of the Tax Agreement for the effectiveness of this Amendment. Such reliance for such purpose is authorized. Section 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] S-1 WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY By: Shawn B. Crumlish, Executive Director COUNTY OF ROANOKE, VIRGINIA By: Name: Title: [SIGNATURE PAGE OF AMENDMENT TO NONARBITRAGE CERTIFICATE AND TAX COMPLIANCE AGREEMENT] EXHIBIT A AMENDED DESCRIPTION OF PROJECT The Project consists of financing all or a portion of the costs (or to reimburse the Local Government for payment of such costs) of various capital improvements, including (i) the acquisition of land for and the construction and equipping of a new fire station to be located on Mexico Way, Roanoke Virginia 24012; (ii) the acquisition and renovation an approximately 12,400 square foot office building, the renovation of an approximately 23,000 square foot storage warehouse, the undertaking of mass grading for a new storage yard with perimeter fencing, and the construction of an approximately 7,000 square foot outdoor storage structure all for relocating the Local Government's Parks, Recreation, and Tourism administrative offices and north and east PRT shops; and (iii) the construction and reconstruction of a portion of the Local Government's roads, the installation of a telecommunications line and related infrastructure and capital improvements at the County's Explore Park, together with related costs of issuance. EXHIBIT B AMENDED SOURCES AND USES SCHEDULE Roanoke County Sources and Uses of Funds Sources Par Amount $12,660,000.00 Net Premium (Discount) 812,376.10 Estimated Equity Contribution* 6,135,000.00 Estimated Earnings** 349,570.09 Total Sources $19,956,946.19 Uses Bonsack Fire Station Construction $10,325,000.00 Public Service Center Phase II 7,375,000.00 Explore Park Improvements – Phase II 1,395,000.00 Capitalized Interest 292,548.44 Local Costs of Issuance 30,000.00 VRA Costs of Issuance 88,419.73 Underwriter's Discount 70,648.44 CRF Equity Contribution 16,625.82 Additional Proceeds/Contingency 363,703.76 Total Uses $19,956,946.19 * $1,000,000 equity contribution is expected to be allocated to the Bonsack Fire Station and $100,000 to the Public Service Center ** based on draw schedule provided by the applicant and the Virginia SNAP 7-Day rate as of 10/25/2022 Page 1 of 3 ACTION NO. ITEM NO. E.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 10, 2024 AGENDA ITEM: Ordinance accepting Transportation Alternatives Program funds in the amount of $248,022 from the Roanoke Valley Transportation Planning Organization, reallocating $62,005 from the Peters Creek/Williamson Road Corridor Study Capital Improvement Program (CIP) project and appropriating all funds to the Grant Fund for construction of the Glade Creek Greenway through Vinyard Park West in the Vinton Magisterial District and in the Town of Vinton SUBMITTED BY: Megan G. Cronise Assistant Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Accept and appropriate $310,027 in Transportation Alternatives Set -Aside (TA) Program funding to construct the Glade Creek Greenway through Vinyard Park West. BACKGROUND: The Glade Creek Greenway is identified in the 2018 Roanoke Valley Greenway Plan, which was adopted by the Roanoke County Board of Supervisors in September 2018. The Town of Vinton has constructed two segments of the greenway and a third segment is nearing completion. The Town has preliminary engineering funding for Phase 3 to design a connection between the Town's constructed greenway segments and the proposed Vinyard Park West segment (Phase 4). The proposed half-mile asphalt Glade Creek Greenway segment in Vinyard Park West, located in both Roanoke County and the Town of Vinton, will continue to extend the greenway east, towards Vinyard Park East and residential neighborhoods in the City of Roanoke and Roanoke County. These neighborhood connections will enable residents to walk and bike from their homes along the Glade Creek Greenway to the Tinker Creek Page 2 of 3 Greenway and to the Roanoke River Greenway. Roanoke County Planning, Development Services and Parks, Recreation and Tourism staff have collaborated with the Town of Vinton and the Virginia Department of Transportation (VDOT) staff on the design of the Glade Creek Greenway through Vinyard Park West. The alignment will: 1) Avoid existing sports fields; 2) Preserve existing access points to Glade Creek; 3) Provide an appropriate terminus on the western edge of the park for the Town of Vinton's Phase 3 greenway connection; and 4) Meet VDOT and federal design requirements. The timeline for this project includes: · September 21, 2021: Board of Supervisors held a public hearing and adopted a resolution supporting the project · October 1, 2021: Transportation Alternatives Program application submitted · June 21, 2022: Commonwealth Transportation Board adopted the Fiscal Year 2023-2028 Six-Year Improvement Program, including project funding · September 28, 2022: Board of Supervisors accepted and appropriated project funding · January 9, 2023: County staff initiated the preliminary engineering phase · December 18, 2023: Right-of-Way Certification received · March 19, 2024: 100 percent plans approved · April 25, 2024: Environmental Certification received · May 2, 2024: Staff determined that the updated estimate (based on March Explore Park Greenway bids) exceeded available project funds · May 22, 2024: Staff sent a letter to Roanoke Valley Transportation Planning Organization (RVTPO) staff with an out-of-cycle request for additional Transportation Alternatives Program balance entry funding to satisfy the project deficit · June 27, 2024: The RVTPO approved an out-of-cycle request for Transportation Alternatives Program balance entry funding for the project · July 22, 2024: Authorization received to advertise the project for construction bids DISCUSSION: Additional Transportation Alternatives Program funding was requested to satisfy the project deficit identified in the estimate updated in May. The project must show that it is fully funded before the Federal Highway Administration will authorize construction advertisement. With the addition of the Transportation Alternative Program funds from the RVTPO, the project now meets that requirement and was advertised for Page 3 of 3 construction on July 23, 2024. Construction bids are due on September 3, 2024. FISCAL IMPACT: Current funds on the project total $651,375, which includes $130,275 in twenty percent (20%) local match and $521,100 in eighty percent (80%) Federal funding. On June 27, 2024, the RVTPO approved $248,022 Transportation Alternatives Program balance entry funding for this project, which is eighty percent (80%) of the project deficit. The remaining twenty percent (20%) local match of $62,005 is available in the Peters Creek/Williamson Road Corridor Study CIP project. This CIP funding has not been needed because VDOT initiated a Project Pipeline Study in 2023 for this corridor. The Project Pipeline Study resulted in three SMART SCALE applications submitted in August 2024. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for September 24, 2024. Glade Creek Greenway Status •Phase 1 was completed from Virginia Avenue to Walnut Avenue in 2017 •Phase 2B at the Norfolk Southern bridge is under construction •Phase 2A from Gearhart Park to Gus Nicks Boulevard opened in June 2021 •Phase 3 from Gus Nicks Boulevard to Vinyard Park West has funding for preliminary engineering •Phase 4 in Vinyard Park West was funded in 2022 and is nearing construction •Phase 5 through Vinyard Park East was an unsuccessful TA application and will be a future request 1 Under Construction: Phase 2B August 2024 Revision 1 Prepared Date: UPC:State Project #:CFDA #:20.205 Locality UEI #: Locality:Address: Work Description: Locality Project Manager VDOT Project Coordinator Name:Name: Phone:Phone: Email:Email: Note - The funds order is not indicative of the actual spend order of funds on the project. This Appendix A supersedes all previous versions signed by VDOT and the LOCALITY for the Project. Funding Totals Appendix A - Locally Administered 7/15/2024 Amount Construction Total Project Details Glade Creek Greenway Vinyard Park West: Construct Phase 4 of the Glade Creek Greenway along Glade Creek through Roanoke County's Vinyard Park West, from the Berkley Road parking lot to the western edge of the park located in the Town of Vinton. Project Location (Zip +4) Project Points of Contact David Henderson Project Estimates Project Financing Total Estimated Reimbursement to LocalityAllocated Funds Type 24012-6413 Local Share Total LocalityParticipation Updated June 2022 Page 1 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, SEPTEMBER 10, 2024 ORDINANCE ACCEPTING TRANSPORTATION ALTERNATIVES PROGRAM FUNDS IN THE AMOUNT OF $248,022 FROM THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION, REALLOCATING $62,005 FROM THE PETERS CREEK/WILLIAMSON ROAD CORRIDOR STUDY CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT AND APPROPRIATING ALL FUNDS TO THE GRANT FUND FOR CONSTRUCTION OF THE GLADE CREEK GREENWAY THROUGH VINYARD PARK WEST IN THE VINTON MAGISTERIAL DISTRICT AND IN THE TOWN OF VINTON WHEREAS, the federal Fixing America's Surface Transportation Act (FAST Act) was enacted in 2015 and provides a set-aside of Surface Transportation Block Grant (STBG) Program funding for Transportation Alternatives; and WHEREAS, the proposed Glade Creek Greenway in Vinyard Park West meets the goals of the Transportation Alternatives (TA) Program by providing a pedestrian and bicycle facility that will expand non-motorized travel choices, strengthen the local economy, improve quality of life and protect the environment; and WHEREAS, the Glade Creek Greenway is included in the 2018 Roanoke Valley Greenway Plan, which was adopted by the Board of Supervisors on September 25, 2018, as an amendment to the Comprehensive Plan; and WHEREAS, on September 21, 2021, the Roanoke County Board of Supervisors held a public hearing and endorsed a resolution supporting the TA Program application; and WHEREAS, on September 23, 2021, the Roanoke Valley Transportation Page 2 of 3 Planning Organization (RVTPO) endorsed the TA Program application; and WHEREAS, on October 1, 2021, the County of Roanoke submitted an application to the Virginia Department of Transportation (VDOT) for Fiscal Year 2023 and 2024 TA Program funds for the Glade Creek Greenway in Vinyard Park West; and WHEREAS, the Commonwealth Transportation Board approved the selection of TA Program projects on June 21, 2022, through adoption of the Fiscal Year 2023 -28 Six-Year Improvement Program in accordance with §33.2-221 of the Code of Virginia; and WHEREAS, the VDOT awarded eighty percent (80%) TA Program grant funds to Roanoke County in the amount of $521,100; and WHEREAS, the TA Program requires twenty percent (20%) matching funds from Roanoke County in the amount of $130,275, which may be in the form of cash, private contributions, donations of goods and services and land value; and WHEREAS, on June 27, 2024, the RVTPO approved an out -of-cycle request for $248,022 in TA balance entry funds to satisfy eighty percent (80%) of a project deficit; and WHEREAS, twenty percent (20%) local matching funds in the amount of $62,005 are required to satisfy the remainder of the project deficit; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on September 10, 2024, and the second reading was held on September 24, 2024. Page 3 of 3 NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. The Roanoke County Board of Supervisors appropriate s TA Program grant funding in the amount of $248,022 and reallocates the local match of $62,005 from the Peters Creek/Williamson Road Corridor Study CIP Project to the Grant Fund; and 2. That Roanoke County will be responsible for maintenance, upkeep and operating costs of any facility constructed with TA Program funds, unless other arrangements have been made with the VDOT; and 3. That appropriations designated for the Glade Creek Greenway project will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project; and 4. That if Roanoke County subsequently elects to cancel this project, Roanoke County acknowledges that it will be required to reimburse VDOT for the total amount of costs expended by VDOT up until the date VDOT is notified of such cancellation. Roanoke County also acknowledges that it will be required to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration; and 5. That the Roanoke County Board of Supervisors hereby grants authority for the County Administrator, Deputy County Administrator or Assistant County Administrator to execute project agreements; and 6. That this ordinance shall take effect from and after the date of adoption . Capital Unappropriated  % of Board Expenditure Balance Revenues Contingency Contingency Reserves Unaudited balance as of June 30, 2024 29,191,800$     ‐$                   ‐$                   9,058,432$     Approved Sources: Appropriated from 2024‐25 budget (Ordinance 052824‐3.a)‐                          50,000          ‐                     93,647             Appropriated from 2023‐24 budget amendment (Ordinance 072324‐6) 2,022,180          ‐                    650,291        1,500,000          Addition of 2023‐24 operations and close out of completed projects ‐                           ‐                     ‐                     158,263           Approved Uses:  Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)‐                           ‐                     ‐                     (5,159,423)       Appropriated for 2024‐25 budget (Ordinance 052824‐3.b)‐                           ‐                     ‐                     (93,647)             MOU regarding the joint capital funding approved on April 11, 2023 ‐                           ‐                     ‐                     (5,000,000)      Balance at September 10, 2024 31,213,980$    12.0% 50,000$       650,291$      557,272$         County of Roanoke Unappropriated Balance, Board Contingency, and Capital Reserves Fiscal Year 2024‐2025 General Government Changes in outstanding debt for the fiscal year to date were as follows: Unaudited Outstanding Outstanding June 30, 2024 Additions Deletions September 10, 2024 VPSA School Bonds 69,781,182$ -$ 7,019,794$ 62,761,388$ Lease Revenue Bonds 78,395,000 - - 78,395,000 Subtotal 148,176,182 - 7,019,794 141,156,388 Premiums 11,056,810 - - 11,056,810 159,232,992$ -$ 7,019,794$ 152,213,198$ Submitted By Laurie L. Gearheart Director of Finance and Management Services Approved By Richard L. Caywood County Administrator ACTION NO.___________________ ITEM NUMBER_______________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. : September 10, 2024 : Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of 31-Jul-24 SUMMARY OF INFORMATION: CASH INVESTMENT: TRUIST CONCENTRATION 6,718,780.80 JP MORGAN 23,460,333.13 HOMETRUST 2,148,229.32 32,327,343.25 GOVERNMENT: TRUIST ROA CONTRA (9,610.00) TRUIST ROA 1,000,000.00 ROCKEFELLER CONTRA (26,900.00) ROCKEFELLER 12,000,000.00 12,963,490.00 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 29,374,469.76 ROCO EMA PORTFOLIO 1,073,953.96 ROCO EMA PORTFOLIO CONTRA 18,024.07 30,466,447.79 MONEY MARKET: ATLANTIC UNION BANK 4,777,624.66 HOMETRUST BANK 4,276,024.77 TRUIST ROA 4,710,400.30 ROCKEFELLER 37,794,906.33 PUBLIC FUNDS:51,558,956.06 BANK OF BOTETOURT 7,491,358.42 7,491,358.42 TOTAL 134,807,595.52 9-10-24 Page 1 of 1 WORK SESSION AGENDA Roanoke County Board of Supervisors Roanoke County Public School Board Roanoke County Administration Center 5204 Bernard Drive 3rd Floor Training Room Roanoke, Virginia 24018 September 10, 2024, at 5:30 p.m. A. Welcome – Chairman Phil North B. Roanoke County Board of Supervisors Call to Order – Chairman Phil North C. Roanoke County Public School Board Call to Order – Chairman Brent Hudson D. Requests to Postpone, Add to or Change the Order of Agenda Items E. Work session to discuss: a. Demographic Study – Lance Richards; MGT Consulting b. Legislative Priorities – Peter S. Lubeck, County Attorney c. Topic for next joint meeting: CSA F. Comments Board Members G. Adjournment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 10, 2024 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.